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UMRAN International Journal of Islamic and Civilizational Studies   

Full Paper

Al-Qāḍī Abū Ya‘lā: Thoughts and Influence on the Development of Legal Theory of Islamic
Civilization and Sciences of Jurisprudence
Yusuf Abdul Azeez,a Azmi Shah Bin Suratman,a Hussin Bin Salamon,a Ramli Bin Awanga
aFaculty of Islamic Civilization, Universiti Teknologi Malaysia

*Corresponding author: abdulazeezyusuf2003@yahoo.com

Article history

Received 2014-07-02 Received in revised form 2014-09-07 Accepted 2014-10-28

Abstract

Al-Qāḍī Abū Ya‘lā ibn al-Farrā’ (380-458 A.H / 990-1065 C.E) is regarded as the most prominent Hanbali scholar and
one of the early Muslim jurists who played dynamic roles in formulating a systematic legal framework and
constitutional theory on Islamic system of government during the first half of the 5th/11th Century in Baghdad, and
which are still found to be relevant in the modern day constitutional legal theories. Attempt would, therefore, be made
in this paper to examine the contributions of this Leading Legal Luminary to the Legal theory of Islamic civilization
and sciences of jurisprudence of the Ḥanbali Madhhab (Hanbali School of Law). Other areas of relevance critically
examined in this paper are his education and legal background, contemporary pursuits of intellectuals and prominent
fuqahā’ (jurists) of his time, as well as a detailed account of his notable students, works and influence in the
development of the Ḥanbali Madhhab

Keywords: Islamic Civilization, Islamic Jurisprudence, Ḥanbali Madhhab, Ḥanbali Scholars, Legal Theory

   

© 2014 Penerbit UTM Press. All rights reserved.


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1.0 INTRODUCTION
Historical antecedents are replete with the facts that he was born on the evening of the 28th or 29th
Muḥarram, 380 A.H. (Abu Faris, 1983). He was said to have been brought up in Baghdad, one of the
principal seats of learning and education in the Muslim world at that time. His father, Abū ‘Abd Allāh al-
Ḥusayn (d. 390 A.H / 1000 C.E.), was a Ḥanafī muḥaddith (expert on the Prophetic tradition) and a fāqih
(jurist) of high repute (Gibb, & Krammers, 1979).
In the year 385 A.H, the father of al-Qāḍī Abū Ya‘lā introduced him to the study of the Glorious Quran
and the ḥadīth (Prophetic tradition). He apparently became an adherent of the Ḥanbalī Madhhab at a
younger age. He first studied ḥadīth under a muḥaddith known as Abū al-Ḥasan al-Sukkarī and went on to
continue his study with a Quranic teacher known as Ibn Mufrihah al-Muqrī, who taught him the acts of
worship and religion, and guided his studies on the famous Ḥanbalī treatise; Mukhtasar al-Khiraqī, a
prominent and important classical work on Islamic jurisprudence and administration on which he later
wrote his well known commentaries. Al-Qāḍī Abū Ya‘lā later joined the study circle of his greatest teacher
and intellectual mentor; Abū ‘Abd Allāh al-Ḥasan ibn Ḥamīd in his mosque at Bab al-Sha‘ir in Baghdad.
Abū Ya‘lā acquired the knowledge of ḥadīth from some of the prominent scholars in Baghdad, Damascus,
Aleppo and Makkah. Among them were ‘Abd al-Rahmān ibn Abī Naṣrī, Abū Naṣr ‘Abd Allāh ibn Sa‘īd
al-Sajazī al-Ḥāfiẓ, and the famous scholar of Khurasan Abū ‘Abd Allāh al-Hakīm al-Naysabūrī, the author
of al-Mustadrak (Abu Faris, 1983). On the death of his master, the young Abū Ya‘lā began his long career
as a mudarris imparting the knowledge of religion. At a young age he had become an expert in ḥadīth and
a muftī (expounder of Islamic law). His proficiency in ḥadīth and versatility in Islamic jurisprudence proved
useful in securing a respectable career for him. A great number of people and members of other madhāhib
(schools of jurisprudence) were attracted to his study circle which was held in a mosque at Bab al-Sha‘ir
(Ephrat, 2000). Abū Ya‘lā succeeded his master Ibn al-Ḥamīd after his death in 403 A.H. / 1012 C.E. He
made his pilgrimage to Makkah in 414 A.H. / 1025 C.E. and on his return he devoted himself to the teaching
of the ḥadīth and the Ḥanbalī fiqh. In 421 A.H. / 1030 C.E. or 422 A.H. / 1031 C.E., he was nominated to
the post of shāhid (notary) by the Chief Qāḍī of Baghdad Abū ‘Abd Allāh ibn Makula al-Damaghanī (d.
447 A.H. / 1055 C.E.). Not so long after, he was nominated to the post of Qādī of the Ḥarim (the caliphal
courtyard). However, he refused to take up the post in spite of persuasions of al-Sharīf Abū ‘Alī al-Hashīm
(d. 428 A.H. / 1037 C.E.). Some years later, probably in 428 A.H. / 1037 C.E., he finally accepted the post
as a result of intervention of the great patrons of Ḥanbalism, Abū Mansūr ibn Yūsuf (d. 460 A.H. / 1067
C.E.) and Abū ‘Abd Allāh ibn Jaradah (d. 470 A.H. / 1077 C.E.) (Gibb, & Krammers, 1979). It was through
the suggestion of Ibn al-Muslimah, the wazīr (minister) of Caliph al-Qā’im bi Amr Allāh (422-467 A.H. /
1031-1075 C.E.), and through the good offices of Abū Manṣūr ibn Yūsuf that al-Qāḍī Abū Ya‘lā ibn al-
Farra’ in 447 A.H / 1055 C.E agreed to become Qādī of the Ḥarim. That was after the death of al-Qāḍī Abū
‘Abd Allāh ibn Makulā.
Al-Qāḍī Abū Ya‘lā’s acceptance of this post was based on the following four conditions (Abū
Ya‘lā, n.d.). which were forwarded to Caliph al-Qā’im bi Amr Allāh who acceded to his request:
1. That he should not be expected to take part in official processions;
2. That he would not be able to receive or meet important personalities received by the
Caliph;
3. That he should be exempted from attending the palace in person;
4. That he should be allowed to spend one day each month at Nahr al-Mu‘allā, and another
one at Bāb al-Azāj, the two cities also covered by his area of jurisdictions, and that he
should be given the chance to nominate someone who will serve as his nā’ib (deputy) at
the ḥharim whenever he is absent.
At a later stage in the life of al-Qāḍī Abū Ya‘lā , his jurisdiction was extended to cover the two cities
of Ḥarrān and Hulwan, looking into the capital punishment cases related to homicide, adultery and financial
crimes (Gibb, & Krammers, 1979). In 429 A.H./ 1038 C.E., al-Qāḍī Abū Ya‘lā was fiercely criticized by a
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group of Ash‘ari theologians who accused him of having supported in his Kitāb al-Sifāt (The Invalidation
of Figurative Interpretation on the Information of Attributes) (Abū Ya‘lā, n.d.). It is reported that al-Qāḍī
Abū Ya‘lā contrasted the taslīm al-īmān (unquestioning faith) of the Ḥanbalis with the ta’wil (semi-
rationalism) of Ash‘arism on the view and doctrine of anthropomorphism of Almighty Allah. It was due to
the effect of this criticism and accusation that al-Qāḍī Abū Ya‘lā in 432 A.H. / 1040 C.E. lead a rally which
was followed by a multitude, among whom was the famous zāhid (ascetic) Abū al-Hasan al-Qazwini (d.
442 A.H / 1050 C.E), to the palace of Caliph al-Qā’im bi Amr Allāh in order to clear the ambiguity and
misunderstanding surrounding his claims, and to affirm the Sunni caliphal policy as well as restore the
government’s confidence and patronage for the Ḥanābilah (Abū Ya‘lā, n.d.). The result of this action was
that the caliph, after examining the contents of the book, declared that the ideas of al-Qāḍī Abū Ya‘lā were
in accordance with al-i‘tiqad al-qādirī; a dogma which holds the view that freedom of action and deed in
this world is vested in oneself.
Under the instruction of the Caliph, the ‘ulamā’ that came from a different madhāhib were invited to
attend the occasion whereby they were made to attest to their agreement with the Caliph’s finding. Among
the signatories were al-Qazwinī, al-Qāḍī Abū Ya‘lā himself and the Shāfi‘ī al-Qāḍī Abū al-Ṭayyib al-
Ṭabarī (Abū Ya‘lā, n.d.) and since then, support for the teachings of al-Qāḍī Abū Ya‘lā continued to grow
because of the events that took place after the rally in Dār al-Khilāfah (the Palace of the Caliph). A Ḥanafī
scholar; Abū al-Qāsim ‘Abd al-Qādir ibn Yūsuf, in declaring his support for al-Qāḍī Abū Ya‘lā, cited a
ḥadīth in which the Prophet says: ‘‘There will always be a group from my community who shall continue
to hold to the truth until the Day of Judgment.’’ Also, al-Qazwinī went to al-Manṣūr Mosque to deliver a
lecture on some of the Prophetic ttraditions on the attributes of God and dictated the book of al-Qāḍī Abū
Ya‘lā. He is also mentioned to have made himself present at the meeting which was held in Dār al-Khilāfah
in 445 A.H. / 1053 C.E. under the chairmanship of Ibn al-Muslimah, the wazīr of Caliph al-Qā’im bi Amr
Allāh (al-Sayed, 1982), in order to officially explain the position of the caliphate in matters of dogma;
particularly on the divine attributes and uncreated nature of the Quran. At the end of the meeting, it was
proclaimed that: ‘‘The Qur’an is the word of Allah, and the words concerning Allah’s attributes must be
understood as they were revealed’’ (Gibb, & Krammers, 1979).
Al-Qāḍī Abū Ya‘lā remained in office as a caliph jurist until his death, passing judgments on any
matter brought to him for adjudication and imparting the knowledge of ḥadīth and fiqh every Friday in al-
Manṣūr Mosque in the same seat where ‘Abd Allāh the son of al-Imām Aḥmad ibn Ḥanbal (Muhammad,
2001) used to deliver his lectures. The attendance of al-Qāḍī Abū Ya‘lā listeners used to be so great that
one could hardly get a place to sit. He was characterized by his biographers as a man of knowledge in
theology and law, and an outstanding figure in political and religious affairs, whose followers were
uncountable, whose works were taught, whose legal judgments based on fatāwā (personal opinion) were
sought for, and whose majālis al-‘ilm (lecture places) were well attended by people of different madhāhib
(Abū Ya‘lā, n.d.). Al-Qāḍī Abū Ya‘lā passed away on the 19th of Ramadan, 458 C.E. He was buried in the
graveyard of al-Imām Aḥmad ibn Ḥanbal (Ephrat, 2000), and survived by a daughter and three sons. They
are Nu‘aymat bint al-Qāḍī Abū Ya‘lā, Abū al-Qāsim ibn al-Qāḍī Abū Ya‘lā (d. 649), Abū Khazim ibn al-
Qāḍī Abū Ya‘lā (d. 430 A.H / 1039 C.E) and Abū al-Ḥusayn Muḥammad ibn al-Qāḍī Abū Ya‘lā (d. 525
A.H / 1131 C.E). Apparently, they all began their education with their father at extraordinarily young ages
and all were described as experts in ḥadīth (muḥaddithūn). The second son Abū al-Ḥusayn Muḥammad ibn
al-Qāḍī Abū Ya‘lā was the most famous; he was regarded as one of the greatest Muslim historians and he
was the author of Tabaqāt al-Ḥanābilah (Biographical Layers of the Ḥanbalīs).

2.0 CONTEMPORARY PURSUITS OF INTELLECTUALS


While commenting on the intellectual situation in the Muslim world during the medieval era, Daphna
Ephrat (2000) stated that: “Baghdad, particularly in the eleventh century, emerged as a major link in the
worldwide chains of transmission of Islamic learning”. Many ‘ulamā’ (scholars) travelled from their homes
to this centre of religious learning to study under the most celebrated teachers of their generation, to acquire
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teaching experience, and to establish their scholarly reputation. The Baghdādīs who left the city in search
of better opportunities abroad spread the teachings and legal doctrines of their schools while other scholars
came to Baghdad from all parts of the Muslim world as far as Spain and Transoxania. Some adopted the
city as their home while others resided in Baghdad for some time, then later returned to their homes or
moved to other cities where they pursued their scholastic activities and careers, thus making contributions
towards intellectual stimulation (Ephrat, 2000). The period from the fourth – fifth century A.H. / tenth -
eleventh century C.E. in which al-Qāḍī Abū Ya‘lā lived falls within an era viewed by modern scholarship
as the age of transformation of Muslim societies; a period often called “the period of the Sunni revival.” It
was indeed a period when the main foundations of new forms of religious and social organizations were
laid down in central Islamic regions. New social associations and frameworks were developed to teach
Islamic religious and legal sciences, application of religious laws and the harness of mysticism (Ephrat,
2000). This period was also distinct in the sense that it was a time when most notable scholars played
remarkable and indelible roles in the development of Islamic knowledge and other disciplines such as
jurisprudence and its principles, Quranic exegesis, Quranic sciences, Prophetic tradition and its sciences,
Arabic grammar and syntax, morphology, literature, poetry, medicine, philosophy, elaboration and
systematization of scholastic theology (‘ilm al-kalām), astronomy, trade and commerce, and natural
sciences (Abu Faris, 1983). During the course of this century, the four Sunni Schools of Jurisprudence (al-
Madhāhib al-Sunniyyah al-Arba‘ah) namely: Mālikī, Ḥanbalī, Ḥanafī and Shāfi‘ī were consolidated as
scholarly establishments, the nubs of the ṣūfī fraternities were formed and the Islamic law schools (al-
madāris al-shar‘iyyah) and ṣūfī hostels (khanqah or ribāṭ) were founded with substantial awqāf
(endowments). Most of these awqāf were established by the Abbasid caliphate and, subsequent Buyid and
Seljuk dynasties funded and ensured the perpetuity of the madāris (schools) (Ephrat, 2000). The
endowments were also meant principally for the study and transmission of pure Islamic sciences. These
financial supports became necessary due to the fact that the ‘ulama’ and students of learning (tullab al-‘ilm)
were considered as representatives of mainstream Islam. (Ephrat, 2000) These developments took place
against the background of the Abbasid caliphate’s disintegration and the subsequent rise to power of the
sultanates of the Buyids and Seljuks. This type of strong institutionalized intellectualism, as mentioned by
Muhammad Abu Faris, was essential by then to sustain the heritage of Islam and secure the unity of the
Muslim Ummah (Abu Faris, 1983).
During this period, the pressure for conformity and uniformity among various Muslim sects and
madhāhib was very strong in the capital city of Baghdad and disputes over the proper Islamic creed and
behavior reached a peak between the Shī‘ah (Shiites) and ahl al-Sunnah (Sunnites). The Ḥanbalīs became
the most vigorous and dynamic sub-faction among ahl al-Sunnah of Baghdad in the midst of clashes
between the Ḥanbalīs and their rivals, while the Shi‘ah were regarded as a cornerstone of troubles erupting
between experts of ḥadīth (ahl al-ḥadīth) and theologians (mutakallimūn) over the status of rational
investigation. Out of fear of detractions which rational inquiry into divine revelation might bring into the
simple original faith, the Ḥanbalīs led the movement of ahl al-ḥadīth that insisted on finding ḥadīth
solutions to legal and theological questions by all possible means. In addition to taking it upon themselves
to persecute the Shi‘ah, leaders of the Ḥanbalīs and their theologians occupied themselves in fighting all
forms of rationalism by imputing by force their orthodox thought on Baghdādī society (Ephrat, 2000).

3.0 PROMINENT FUQAHĀ’ OF HIS TIME IN BAGHDAD


An attempt is made at this juncture to briefly identify some of the prominent fuqahā’ (jurists) of the
four schools of jurisprudence that dominated legal circles in the 11th century Baghdad as highlighted below:
1. Ḥanbalī Madhhab: According to Daphna Ephrat (2000), six great Ḥanbalī scholars of the
11th century Baghdad played major roles in the scholastic development of Ḥanbalism.
The first great Ḥanbalī fāqih of the period was Abū ‘Abd Allāh ibn Ḥamīd (d. 403 A.H.
/ 1012 C.E.). He was a native of Baghdad who excelled in both the science of ḥadīth and
law, and whose isnad (scholarly ascription) goes back to the famous Ḥanbalī jurisconsult
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of the fourth Muslim century, Abū al-Qāsim ‘Umar ibn al-Ḥusayn ibn ‘Abd Allāh al-
Khiraqī (d. 334 A.H). Ibn Hamid’s closest disciple. Al-Qāḍī Abū Ya‘lā was described by
Ḥanbalī writers as the leader of the Ḥanbalī Madhhab in Baghdad. Two of al-Qāḍī Abū
Ya‘lā ’s many disciples played prominent roles in the spread and consolidation of the
Ḥanbalī Madhhab abroad; they are Abū al-Fatḥ al-Baghdādī al-Ḥarrānī, known as Qāḍī
Ḥarrān (d. 476 A.H. / 1083 C.E.), and Abū al-Faraj al-Shirāzī (d. 486 A.H. / 1094 C.E.).
Ya’qūb al-Barzabanī (d. 486A.H/ / 1093 C.E.) and Abū al-Khaṭṭāb al-Kalwadhānī (d. 510
A.H. / 1116 C.E. were two other famous disciples of al-Qāḍī Abū Ya‘lā placed among
the leading legal scholars of the 5th / 11th century Baghdad (Ibn al-Athīr, 1996).
2. Ḥanafī Madhhab: Three great fuqahā’ dominated the Ḥanafī Madhhab in the 11th century
Baghdad; they are al-Qaddūrī (d. 428 A.H. / 1037 C.E.), al-Qāḍī Abū al-Wāḥid al-
Saymarī (d. 436 A.H. / 1045 C.E.) and Abū ‘Abd Allāh al-Damaghanī (d. 478 A.H. /
1085 C.E) (Ephrat, 2000).
3. Shafi‘ī Madhhab: The line of leading Shafi‘ī Madhhab in the 11th century Baghdad
commenced with Abū Ḥamīd al-Isfira’inī (d. 406 A.H. / 1016 C.E.). Among al-Isfira’inī’s
most celebrated disciples were Abū al-Ḥasan al-Mawardī of Basrah (364-450 A.H. / 972-
1058 C.E.) who is considered by many Muslim political scientists as the most learned
theoretician of orthodox political theory, and Abū al-Ṭayyib al-Ṭabarī (d. 450 A.H. / 1058
C.E.), who, on the death of his master, succeeded him as leader of the Shafi‘ī Madhhab
in Baghdad (Ephrat, 2000). Among other adherents of the madhhab attending al-
Isfira’inī’s study circle were Abū al-Ḥasan al-Mahamilī (d. 415 A.H. / 1024 C.E.) and
Abū al-Fatḥ Sulaym al-Rāzī (d. 447 A.H. / 1055 C.E.). His two most prominent disciples
were Abū Isḥāq al-Shirazī (d.476 A.H / 1038 C.E), the first professor of al-Niẓamiyyah
School renowned for his famous treatise on jurisprudence, entitled Kitāb al-Shāmil fī al-
Fiqh (Ephrat, 2000). Among his students was Abū Bakr al-Shashī (d. 507 A.H. / 1114
C.E.) who arrived in Baghdad after studying the legal doctrine of the Shafi‘ī Madhhab
with al-Qaḍī Abu Mansur al-Ṭūsī, a disciple of the eminent Shāfi‘i faqīh, and Ash‘arī
theologian, Imām al-Ḥaramayn al-Juwaynī. The last leading Shāfi‘ī scholar of the 11th
century Baghdad was Abū al-Fatḥ ibn Barhan (d. 518 A.H. / 1124 C.E.). He adhered to
Ḥanbalism during the first stage of his life but later changed affiliation to the Shafi‘ī
Madhhab under the direction of both al-Shasī and the famous al-Ghazzālī (d. 505 A.H. /
1111 C.E.), as well as under ‘Alī al-Ṭabarī al-Harrasī, also known as al-Kiyah al-Harrasī
(d. 504 A.H. / 1110 C.E.) (Ephrat, 2000).
4. Mālikī Madhhab: Four great fuqahā’ dominated the Mālikī Madhhab in the 11th century
Baghdad, they are al-Qāḍī ‘Abd al-Wahhāb ibn Naṣr al-Baghdādī (d. 422 A.H. / 1001
C.E.), Abū Bakr ibn ‘Abd Allāh al-Abharī (d. 390 A.H. / 969 C.E.), Abū al-Ḥasan al-
Ma‘afirī (d. 403 A.H. / 982 C.E.), and Abū ‘Abd Allāh al-Fakkhār Muḥammad ibn ‘Umar
ibn Yūsuf al-Qurṭubī (d. 419 A.H. / 998 C.E.) (Ibn al-Athīr, 1996).
These great scholars are regarded as the torch bearing ‘ulamā’ of the 11th century Baghdad. It is said
that the outstanding role each of them played in world-wide networks of Islamic learning will never be
forgotten. These men acquired profound knowledge in the realms of law, Prophetic traditions, theology and
sufism, and passed it on to succeeding generations. They are however, merely a few of the more than seven
hundred scholars who comprised the learned society in Baghdad during the 11th and the 12th centuries C.E.
(Ephrat, 2000).

4.0 STUDENTS
Al-Qāḍī Abū Ya‘lā lived most of his life in Baghdad and it was because of this that he was able to
obtain knowledge of the classical Arabic language. During his school days, his teacher Al-Ḥasan ibn Ḥamīd
used to appoint the young Abū Ya‘lā to take over his position in his absence (Abu Faris, 1983). It is no
wonder that after the death of his master, he succeeded to his chair in al-Manṣūr Mosque. His name soon
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became a household name in Baghdādī circles. Most of his teaching activities were held in his madrasah
in al-Manṣūr Mosque. He also conducted the sermon and preaching every Friday in the same place (Abū
Ya‘lā, n.d.). He was undoubtedly one of the most celebrated teachers of his generation. People from all
works of life namely merchants, cosmopolitan elites, bearers of cultures, students of learning and religious
scholars irrespective of their madhāhib of thought gathered around al-Qāḍī Abū Ya‘lā to acquire the
knowledge of ḥadīth, tafsīr, fiqh wa uṣūluhu (jurisprudence and its principles), ‘ilm al-kalām (rational
knowledge) and ‘ulūm al-Qur’ān wa al-ḥadīth (sciences of the Quran and ḥadīth). Others travelled from
their towns and cities to acquire teaching and legal experience as well as jurisconsult and religious education
(Abu Faris, 1983). His study group was so large that it would have been very difficult for one to count their
number on every occasion. He was highly regarded, not only by members of his own madhhab, but by
learned scholars of other madhāhib as well as the political figures and the common people (Abu Faris,
1983).
In the light of the foregoing, efforts would now be made to briefly give insight into the life history of
some of the leading figures and those celebrated among his students. Hence, the most notable and prominent
students of al-Qāḍī Abū Ya‘lā are:
1. Al-Ḥasan ibn Aḥmad ibn ‘Abd Allāh ibn al-Bannā’ (d. 471 A.H. / 1050 C.E.): He was an
eminent scholar of his time in Quranic sciences. He studied under the supervision of some
of the great masters of his period in Baghdad and was one of the early disciples of al-
Qāḍī Abū Ya‘lā. The influence of al-Qāḍī Abū Ya‘lā on Ibn al-Bannā’ was mainly in the
fields of fiqh, uṣūl al-dīn (principles of Islamic theology), fiqh al-qaḍā’ (juridical
training) and legal theory (Maqdisi, 1991). The interests of Ibn al-Bannā’ cover the area
of Quranic sciences, traditions, jurisprudence and theology. Among other interests were
history and biography, sermon-writing, philology, pedagogy and the science of dream
interpretation (Maqdisi, 1991). He was acclaimed to have written about one hundred and
fifty books on different fields of Islamic knowledge. This broad and active interest on his
part is attested to by the statements and commentaries of his biographers, and by the list
of his known works (Abu Faris, 1983).
2. Abū Ja‘far ‘Abd al-Khāliq (d. 470 A.H / 1049 C.E): He was a mudarris (teacher) and a
muftī. He was a prominent figure in the history of the Ḥanbalī Madhhab in Baghdad as
the leader of the movement against al-ra’y (rationalism). Like other Ḥanbalis of his time,
he combined the fields of law and ḥadīth, studying under the famous al-Qāḍī Abū Ya‘lā
to become one of the most celebrated fuqaha’ of the school after the death of al-Qāḍī Abū
Ya‘lā. He taught fiqh in several great mosques and issued legal opinions (Ephrat, 2000).
Among the numerous students who attended his study circles was the son of his master
Abū al-Ḥusayn Muḥammad ibn Abī Ya‘lā; the most famous of the three sons of al-Qāḍī
Abū Ya‘lā.
3. Abū al-Fatḥ al-Baghdādī al-Ḥarrānī (d. 476 A.H. / 1083 C.E.): He was known as Qāḍī
Ḥarrān. He was said to have assisted his master; al-Qāḍī Abū Ya‘lā in writing down some
of the latter’s works (Abu Faris, 1983). When he completed his studies of law under al-
Qāḍī Abū Ya‘lā, he was sent to Ḥarrān to assume the post of district qāḍī, serving at the
same time as a muftī, wā‘iẓ (preacher) and teacher of the Ḥanbalī Madhhab (Abu Faris,
1983).
4. Abū al-Faraj al-Shirāzī (d. 486 A.H. / 1094 C.E.): His full name is ‘Abd al-Wāḥid ibn
Muḥammad ibn ‘Alī ibn Aḥmad al-Shirāzī al-Maqdisī. The propagation of Ḥanbalī
Madhhab in Jerusalem and Damascus is attributed to him. He was regarded as the greatest
Ḥanbalī scholar of his time in Syria (Ephrat, 2000).
5. Abū al-Wafā’ ibn ‘Aqīl (d. 513 A.H. / 1092 C.E.): Abū al-Wafā’ started his studies in
law under al-Qāḍī Abū Ya‘lā. Due to his poor family background, he was forced to work
as a domestic servant in several places. He also worked as a night guard and a gardener
in order to support his quest for knowledge (Ephrat, 2000). He is attributed to more than
fifty teachers who taught him various fields of learning. He is said to have written about
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twenty different books on law, jurisprudence, theology, Quranic exegesis and religious
devotion. The most notable among his works is Kitāb al-Funūn, of which Abū Fāris ‘Abd
al-Qādir (1983) said that Ibn al-Jawzī reported that it contained up to four hundred and
seventy volumes (Abu Faris, 1983).
6. Abū al-Khaṭṭāb al-Kalwadhānī (d. 510 A.H. / 1116 C.E.): He was one of the famous
disciples of al-Qāḍī Abū Ya‘lā. He held extremely vast knowledge of ḥadīth and fiqh. He
was said to have taught a great number of students. Al-Kalwadhānī was so learned and
highly regarded that some scholars even called him mujtahid al-‘asr; expounder of the
Islamic law of his time (Ephrat, 2000).

5.0 WORKS
Al-Qāḍī Abū Ya‘lā, as one of the prominent jurists of the Ḥanbalī Madhhab, is credited to have
written many works of erudition. His proficiency in jurisprudence ethics, political science and literature
proved useful in securing a respectable career for him not only as a qāḍī but also as an excellent author. Al-
Qāḍī Abū Ya‘lā was an eminent jurist, a muḥaddith and a Quranic scientist. His contribution in public law
and political science comprises a number of monumental books, the principle of which were listed in
Tabaqāt al-Ḥanābilah by his son Abū al-Ḥusayn Muḥammad ibn Abī Ya‘lā al-Farrā’ (d. 527 A.H. / 1133
C.E.) (Abū Ya‘lā, n.d.). His commentary on Mukhtaṣar al-Khiraqī has long been highly esteemed (Abu
Faris, 1983). His treatise on constitutional and public laws; Kitāb al-Aḥkām al-Ṣulṭāniyyah elaborates his
doctrine on the imamate and the various organs of government, with special reference to the functions and
duties of the imām (leader of a Muslim State), the ministers, the judges, the governors and other special
assistants; the type of relationship which must exist between the various organs of the government and other
public institutions were systematically formulated in the book. This monumental work is replete with the
measures needed in order to ensure that government functionaries, facilitators and institutions perform their
duties to meet the expectation of the people as required by Almighty Allah, so as to ensure that the
sovereignty of the state is legally preserved either at the time of peace or during the time of war.
Al-Qāḍī Abū Ya‘lā was an exponent of a strong centralized caliphate government which is
characterized by the power to delegate authority to governors in subordinate territories and to commanders
appointed by the imam for special tasks (Gibb & Krammers, 1979). In addition to his exposition on the
Islamic system of government, he propounded dynamic principles and ideals that would ensure the election
of a competent and qualified imam for the benefit of all Muslims irrespective of time or place. Theories on
the qualities that must be possessed by members of the electorate for the imām (ahl al-ikhtiyār) were also
propounded; chief among them are the attainment of a degree of intellectual ability and purity of character
(Ibn al-Farrā’, 1983). The most famous work of al-Qāḍī Abū Ya‘lā is his Kitāb al-Mu‘tamad fi Uṣūl al-Dīn
(Abu Faris, 1983), modelled on the treatises of ‘ilm al-kalām with a preamble sketching a theory of
knowledge. This book is one of the first great works of its type to be written by a Ḥanbalī scholar (Gibb &
Krammers, 1979). Al-Qāḍī Abū Ya‘lā was also responsible for several manuals that propagate the Ḥanbalī
doctrine both in the field of uṣūl al-fiqh and its branches (furū‘uhu). A great number of works comprising
refutations were written by al-Qāḍī Abū Ya‘lā, but the manuscripts have been lost. Among them are: Rudūd
of the Karāmiyyah, the Bāṭiniyyah, the Mujassimah, and the Ashā‘irah (Gibb & Krammers, 1979). There
is also a need to mention some of his notable works like Kitāb al-Imān, and his Kitāb Ibṭāl al-Ta’wīlāt li
Akhbār al-Ṣifāt (Abu Faris, 1983) in which he contrasted the unquestioning faith (taslim) of Ḥanbalism
with the semi-rationalism (ta’wil) of Ash‘arism.
 

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6.0 INFLUENCE
Al-Qāḍī Abū Ya‘lā was highly influenced by the thought, character and oddity of his famous and
notable master, al-Ḥasan ibn Ḥamīd ibn ‘Alī ibn Marwān Abū ‘Abd Allāh al-Baghdādi (d. 403 A.H./1011
C.E.); one of the prominent and leading Ḥanbalī scholars of his time (Abū Ya‘lā, n.d.). It was under him
that al-Qāḍī Abū Ya‘lā studied the famous Mukhtaṣar al-Khiraqī (d.363 A.H. / 974 C.E.), on whom he later
wrote his famous commentary which has long been highly esteemed as one of the best commentaries to
have been written by any scholar on Mukhtaṣar (Gibb, & Krammers, 1979). al-Ḥasan ibn Ḥamīd ibn ‘Alī
ibn Marwān Abū ‘Abd Allāh al-Baghdādi himself was trained by eminent muḥaddithūn (ḥadīth experts)
and fuqahā’ (jurists) of his generation like Abū Bakr ibn Mālik, Abū Bakr al-Shāfi‘ī, Abū Bakr ibn al-
Najjād, Abū ‘Alī ibn al-Sawwāf, Aḥmad ibn Sālim al-Khatlī and ‘Alī Abū Bakr ‘Abd al-‘Azīz ibn Ja‘far,
popularly known as Ghulam al-Khallāl (Abū Ya‘lā, n.d.). Among his famous students were prominent
scholars like al-Qāḍī Abū Ya‘lā himself, Abū Isḥāq Ibrāhīm ibn Isḥāq al-Ḥarbī, Abū al-‘Abbās al-
Barmakyanī, Abū Ṭāhir ibn Qaṭṭān, Abū ‘Abd Allāh ibn al-Faqqā‘ī, Abū al-Qāsim al-Maruqī, Abū al-Qāsim
Ṭālib ibn al-‘Usharī and Abū Bakr ibn al-Khayyāṭ (Abū Ya‘lā, n.d.). al-Ḥasan ibn Ḥamīd ibn ‘Alī ibn
Marwān Abū ‘Abd Allāh al-Baghdādi produced many works, the principal among them are al-Jāmi‘ fī al-
Madhhab, Tahdhīb al-Nafs, Uṣūl al-Sunnah, Sharḥ Uṣūl al-Dīn, Uṣūl al-Fiqh and Sharḥ Mukhtaṣar al-
Khiraqī, one of the three most celebrated commentaries on Mukhtaṣar al-Khiraqī; others being those of al-
Qāḍī Abū Ya‘lā and Muwaffaq al-Dīn ibn Qudāma (Gibb, & Krammers, 1979). Al-Ḥasan ibn Ḥamīd ibn
‘Alī ibn Marwān Abū ‘Abd Allāh al-Baghdādi died in the year 403 A.H. while returning from Makkah and
was succeeded on his chair by al-Qāḍī Abū Ya‘lā, who delivered lectures on ḥadīth and who devoted
himself to the teaching of Ḥanbalī fiqh in al-Manṣūr Mosque (Abū Ya‘lā, n.d.).
Al-Qāḍī Abū Ya‘lā was a very prominent jurisconsult of the Ḥanbalī Madhhab in Baghdad during
5th century A.H. / 11th century C.E., and one of the most highly respected scholars of his time who played
an outstanding role in imparting the knowledge of jurisprudence, legal studies and Quranic interpretation
as well as Prophetic traditions, theology and other branches of knowledge (Abu Faris, 1983). He was very
supportive, austere in life, pious, devout, learned, skilful, full of confidence in Allah, and well known for
his patience and generous services. He was assiduous in cultivating literature and skilled in writing, prompt
to justice and benevolent; attending to all claims and hardly refused any lawful thing requested from him
(Abu Faris, 1983). His biographers confirmed that his authority and influence in the Ḥanbalī Madhhab did
not only last throughout his lifetime but continued for some few centuries after his death (Syafiq, 1990).
As a religious scholar of the 11th century, al-Qāḍī Abū Ya‘lā not only participated actively in the
administration of the affairs of the people, but also took part in providing educational, religious and legal
guidance to the Muslim community. He taught ḥadīth, fiqh and tafsīr in al-Mansur Mosque, the same place
where the leader of his madhhab, al-Imam Ahmad ibn Hanbal (164 – 241 A.H) used to deliver his lectures
(Muḥammad, 2001). He implemented the law to its letters in the palace of Caliph al-Qā’im bi Amr Allāh
(Ephrat, 2000). His refusal to serve as qādī in the first instance stemmed from a deep fear of losing his pious
life and devotion to the religious law while dedicating his loyalty at the same time to the ruler who had
appointed him. The fear of corruption and loss of primary values in society must also have played a
significant role in his decision (Abu Faris, 1983). He finally accepted to serve as qādī of Dār al-Khilāfah
after constant pressure and advice mounted by eminent personalities like Muḥammad ibn Muslimah, the
chief minister of Caliph al-Qā’im bi Amr Allāh, and by Abū Manṣūr ibn Yūsuf, an eminent fāqih in
Baghdad (Abū Ya‘lā, n.d.). Al-Qādī Abū Ya‘lā had systematically created a semi-autonomous judicial court
system for the administration of justice in the palace of the caliph as one of the conditions of accepting the
job. Hence, the political rulers of that period were given no access to interfere or intervene in the affairs of
the judiciary while he was serving as a qādī of Dār al-Khilāfah (Abu Faris, 1983). His son Muḥammad al-
Ḥusayn ibn Abī Ya‘lā tells us that his father al-Qāḍī Abū Ya‘lā agreed to serve as a qādī of Dār al-Khilāfah
only after the Caliph al-Qa’im bi Amr Allah accepted a series of conditions, among them was that he would
neither be obliged to be present in ceremonial processions nor attend the caliph or sultan residences (Abu
Faris, 1983). Even when he was favored with outstanding gifts and tributes by some of the salāṭin (kings)
of that time, al-Qāḍī Abū Ya‘lā refused to take them to mark a certain style of piety (Abū Ya‘lā, n.d.).
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This pious life style, as mentioned by his son, was maintained by his father throughout his lifetime (Abū
Ya‘lā, n.d.).
Al-Qāḍī Abū Ya‘lā was so influential that almost all notable and prominent Muslim scholars passed
comments and praises at one time or the other on his nobility, standard of moral life, piety, asceticism,
intellectual capability, erudition and versatility. Among those who have testified to al-Qāḍī Abū Ya‘lā’s
greatness in the Ḥanbalī Madhhab, especially in the fields of ḥadīth, tafsīr, and fiqh wa uṣūluhu, are Al-
Ḥāfiẓ Shams al-Dīn al-Dhahabī, Abū al-Wafā’ ibn ‘Aqīl, Ṣāḥīb al-Manhaj al-Aḥmadī, al-Khāṭib al-
Baghdādī, Abū al-Ḥusayn Muḥammad ibn Abī Ya‘lā, ibn al-Jawzī, Ibn Ḥamdān, Ibn Qayyim al-Jawziyyah,
Ibn Kathīr, Abū ‘Alī al-Bardanī, Ibn al-Mufliḥ, and al-Imām al-Sam‘āni (Abu Faris, 1983). al-Qāḍī Abū
Ya‘lā’s prestige and influence within the Ḥanbalī Madhhab was so great that he was referred to by all the
Ḥanbalis simply as “al-Qāḍī” for three centuries following his death (Gibb, & Krammers, 1979).

7.0 CONTRIBUTIONS
Al-Qāḍī Abū Ya‘lā’s major contribution to the development of Islamic civilization can be categorized
into four aspects: (i) political; (ii) educational; (iii) literary; and, (iv) legal.
(i) Politically; the outstanding career of al-Qāḍī Abū Ya‘lā influenced the fortune of the Islamic
civilization in the political theory and arena. It was during his time that the two Sunni Abbasid
Caliphs; al-Qādir bi Allāh (381– 422 A.H. / 991–1031 C.E.) and al-Qā’im bi Amr Allāh (422–
467 A.H. / 1031–1075 C.E.) patronized the Ḥanbalī Madhhab and adopted it as the caliphate
official madhhab. The appointment of al-Qāḍī Abū Ya‘lā as the qādī of Dār al-Khilāfah
during the time of Caliph al-Qa’im bi Amr Allāh further influenced him in affirming the
Ḥanbalī teachings as the caliphal religious policy (Abu Faris, 1983);
(ii) Educationally; the contribution of al-Qāḍī Abū Ya‘lā to the development Islamic civilization
can also be seen in his role in the Ḥanbalī tradition of learning. His study circle in al-Manṣūr
Mosque in Baghdad on Fridays made him to become the pivot on which the masses revolved.
It was said that his study circle was used to be attended by a large number of people from
different works of life and it was used to be full to the extent that every person would have to
lean at the back of the person in front of him before he could able to write (Syafiq, 1990). His
position and influence in the Ḥanbalī Madhhab served as an evidence to his erudition and
versatility in the sense that most of the scholars who dominated the Ḥanbalī Madhhab after
his generation were said to be his students (Abū Ya‘lā, n.d.).
(iii) Literally; the contribution of al-Qāḍī Abū Ya‘lā to the literary development of the Islamic
civilization cannot be overemphasized. He was considered as one of the most productive
scholars of his time. Over fifty of his works which cover different areas of learning were listed
by his son in his Ṭabaqāt al-Ḥanābilah with Kitab al-Mu‘tamad fi Uṣūl al-Dīn and al-Aḥkam
al-Ṣulṭāniyyah being his two prominent books (Abu Faris, 1983).
(iv) Legally: One of the most important contributions of al-Qāḍī Abū Ya‘lā to the legal theory of
Islamic civilization was that he transformed the norms of governance into legal doctrine. A
thorough investigation of some of the modern-day principles of government like freedom,
equality, justice, fundamental rights, franchise, electoral system, checks and balances,
procedures for adjudication of cases, conflict resolution, and so on and so forth shows that
they were all borrowed from the opinions of the earliest Muslim constitutional experts like al-
Qāḍī Abū Ya‘lā, as it is evident that the views and thoughts of al-Qāḍī Abū Ya‘lā on the
imamate are not only dynamic and adaptable but they are also relevant to the needs of mankind
irrespective of colour, race, region and time (Yusuf, 2011).

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8.0 CONCLUSION
From the foregoing analysis, it is asserted that al-Qāḍī Abū Ya‘lā was not only a muḥaddith and a
Quranic scientist but a very prominent and one of the highly respected jurists of the Ḥanbalī Madhhab who
contributed to the development of the sciences of jurisprudence, legal studies, Quranic interpretation,
Prophetic traditions, theology and other branches of knowledge that contribute to the bulk of which is now
known as Islamic Civilization. His educational and legal background was very useful in securing a
respectable career for him serving as the qādī of Dār al-Khilāfah, while at the same time imparting the
knowledge of tafsīr, ḥadīth and fiqh to his followers and disciples in Baghdad. His contribution to the
development of intellectualism comprises a number of monumental works. Chief among them is his legal
theory of the institution of the imamate which is embodied in his Kitāb al-Imāmah and Kitāb Al-Aḥkam al-
Ṣulṭāniyyah, with the latter being regarded as one of the major contributions of the Ḥanbalī Madhhab to
the development of theories of constitutional law and public administration in Islam, and it has long been
recognised as a classic in its field, much discussed by contemporary Scholars of Islamic Civilization, quoted
in courses on Islamic law and government. This monumental work is not only regarded by many scholars
as one of the greatest books on the legal theory of Islamic Civilization but also the greatest contributions of
the Ḥanbalī Madhhab to the development of sciences of jurisprudence (Gibb, & Krammers, 1979).

References
Abū Fāris, M.Q. (1403 A.H./1983 C.E). Al-Qāḍī Abū Ya‘lā wa kitābuhu al-Aḥkam al-Ṣulṭāniyyah. Beirut:
Mu’assasāh al-Risālah.
Ephrat, D. (2000). A learned society in a period of transition: The sunni ulama’ of eleventh century
Baghdad. Albany: State University of New York Press.
Gibb, H. A. R. & Krammers, J. H. (eds.). (1979). The encyclopaedia of Islam. (Vol.1& Vol. 5). Leiden: A.
J. Brill., 1 and 5: 9-10 & 765.
Ibn al-Athīr. (1996). Al-kāmil fī al-tārikh (Vol. 10). Beirut: Idārat al-Ṭibā‘ah al-Munīrah. 7:188-303.
Ibn al-Farrā’, A.Y. (1403 A.H./ 1983 C.E). Al-aḥkam al-sulṭāniyyah. Muhammad Hamid al-Faqi (ed.).
Beirut: Mu’assasah al-Risālah.
Ibn Kathīr. (n.d.). Al-bidāyah wa al-nihāyah fī al-tārikh (Vol. 12). Cairo: Matba‘at al-Sa‘adah.
Al-Khudari, M. (1380 A.H./1965 C.E.). Al-tārikh al-Islāmī (7th ed.). Cairo: n.p.
Makdisi, G. (1991). History and politics in eleventh century Baghdad. Hampshire: United Kingdom.
Muhammad ibn al-Qāḍī Abū Ya‘lā, A.H. (n.d.). Tabaqāt al-Hanābilah. Beirut: Dār al-Ma‘rifah.
Muhammad, A.U.D. (1422 A.H /2001 C.E.). Siyar a‘lām al-nubala’ (11th ed.). (Vol. 11). Beirut: Mu’asasah
al-Risālah.
Al-Sayed, A. Malik. (1982). Social ethics of Islam: Classical Islamic – Arabic political theory and practice.
New York: Vantage Press.
Syafiq A.M. (1990). Hanbali movements in Baghdad from Abu Muhammad al-Barbahari (d.329 A.H / 941
C.E) to Abu Ja‘far al-Hashimi (d.470 A.H /1077 C.E). Unpublished doctoral dissertation,
University of California, Los Angeles, USA.
Yusuf, A. A. (2011). Abu Ya‘la’s doctrine of the imamate. Unpublished doctoral dissertation, International
Islamic University Malaysia, Kuala Lumpur, Malaysia.

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